Paritosh Sanyal And 2 Ors. vs State Of U.P.And 2 Ors.
2013 Latest Caselaw 2285 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 926 of 2005
 

 
Petitioner :- Paritosh Sanyal And 2 Ors.
 
Respondent :- State Of U.P.And 2 Ors.
 
Petitioner Counsel :- Satyendra Singh
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Learned counsel for the applicants is not present.

Heard learned  A.G.A.

This application has been filed with a prayer to quash the proceedings of case No. 2232 of 1998 under sections 448, 380 IPC pending in the court of learned A.C.J.M.-II, Lucknow.

From the perusal of the record it appears that in the present case the FIR has been lodged in case crime No. 107 of 1998 under sections 448, 380 IPC. After investigation the charge sheet has been submitted. The material collected by the I.O. during investigation is prima facie disclosing the commission of the offence under sections 448, 380 IPC. There is sufficient material to proceeding  further against the applicants. There is no illegality in submission of  the charge sheet and there is no illegality in taking the cognizance. The prayer for quashing the proceedings of the above mentioned case is refused.

The interim order dated 28.4.2005 is hereby vacated.

However, considering the facts, circumstances of the case, it is directed that in case the applicants have not appeared and appear before the court concerned within 60 days from today, the same shall heard and disposed of in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.

With this direction, this application is disposed of.

Order Date :- 17.5.2013

RPD